HOUSE_OVERSIGHT_012016.jpg
1.12 MB
Extraction Summary
2
People
4
Organizations
0
Locations
0
Events
1
Relationships
3
Quotes
Document Information
Type:
Government correspondence (uscis notice of action / request for evidence)
File Size:
1.12 MB
Summary
This is page 3 of a USCIS Notice of Action (Form I-797) regarding a petition for an O-1 nonimmigrant visa (extraordinary ability in the arts). The government is challenging the petition, stating that the beneficiary's documented success and proposed duties—specifically scouting talent for MC2 Models and managing agency operations—demonstrate ability in 'business' rather than 'the arts.' The document requests a copy of the employment contract and better explanation of the engagement to prove it qualifies as an artistic endeavor.
People (2)
| Name | Role | Context |
|---|---|---|
| Beneficiary | Visa Applicant |
Individual seeking O-1 nonimmigrant classification (extraordinary ability in the arts), whose application is being qu...
|
| Petitioner | Sponsor |
Entity or person filing the petition on behalf of the beneficiary.
|
Organizations (4)
| Name | Type | Context |
|---|---|---|
| U.S. Department of Homeland Security |
Parent agency of USCIS.
|
|
| U.S. Citizenship and Immigration Services |
Agency issuing the notice.
|
|
| MC2 Models |
Mentioned in the list of duties: 'sign them with MC2 Models'. This connects the document to Jean-Luc Brunel/Epstein a...
|
|
| House Oversight Committee |
Implied by Bates stamp 'HOUSE_OVERSIGHT'.
|
Relationships (1)
Beneficiary's duties include signing talent with MC2 Models.
Key Quotes (3)
"You have documented the beneficiary's past success in the business of forming and operation modeling agencies but this evidence points to the beneficiary's ability on the field of business not the arts."Source
HOUSE_OVERSIGHT_012016.jpg
Quote #1
"The duties you describe appear to relate exclusively to the maintenance of business operations of a modeling agency."Source
HOUSE_OVERSIGHT_012016.jpg
Quote #2
"Travel around the world to discover new talent and to sign them with MC2 Models"Source
HOUSE_OVERSIGHT_012016.jpg
Quote #3
Full Extracted Text
Complete text extracted from the document (3,239 characters)
U.S. Department of Homeland Security
U.S. Citizenship and Immigration Services
Notice of Action
Page 3 of 4
U.S. Citizenship and Immigration Services
Notice of Action
Page 3 of 4
EAC1422550803(1129)
position in the arts.
In addition, no evidence has been submitted to support your claim that the beneficiary is an individual who has extraordinary ability in the arts that has been demonstrated by sustained national or international acclaim. You have documented the beneficiary's past success in the business of forming and operation modeling agencies, but this evidence points to the beneficiary's ability on the field of business, not the arts. Therefore you are asked to comply with the following.
Contracts
Petitions seeking O nonimmigrant classification must include a copy of a contract between the beneficiary and either the petitioner or the employer. If a written contract does not exist, you may submit a detailed summary of the terms of the oral agreement between the beneficiary and either the petitioner or the employer.
Petitions seeking O nonimmigrant classification must include a copy of a contract between the beneficiary and either the petitioner or the employer. If a written contract does not exist, you may submit a detailed summary of the terms of the oral agreement between the beneficiary and either the petitioner or the employer.
You did not submit any evidence for this requirement. You may still submit evidence to satisfy it.
Written contracts or the summary of the terms of an oral agreement must specify the terms and conditions of the employment or services. They must:
- Specify the wage offered and explain the terms and conditions under which the beneficiary will perform these services; and
- Detail any additional services provided.
- Detail any additional services provided.
Nature of the Event or Engagement
You must provide an explanation of the competition, event, or performance in which the beneficiary will participate. An event means an activity such as a scientific project, conference, convention, lecture series, academic year, or engagement during the requested validity period.
You must provide an explanation of the competition, event, or performance in which the beneficiary will participate. An event means an activity such as a scientific project, conference, convention, lecture series, academic year, or engagement during the requested validity period.
The description you submitted is insufficient. In your letter you list the duties of the proffered position as:
- Responsible for overseeing the artistic aspects of the agency (select the images placed on the models' business cards and in their portfolios);
- Coordinate the pairing of models with photographers;
- Direct the marketing of models to clients;
- Travel around the world to discover new talent and to sign them with MC2 Models: and
- Establish relationships with agencies around the world and negotiate representation agreements.
- Coordinate the pairing of models with photographers;
- Direct the marketing of models to clients;
- Travel around the world to discover new talent and to sign them with MC2 Models: and
- Establish relationships with agencies around the world and negotiate representation agreements.
The duties you describe appear to relate exclusively to the maintenance of business operations of a modeling agency. As previously stated, you have documented the beneficiary's past success in forming and operating modeling agencies; however, this evidence points to the beneficiary's ability in the field of business, not the arts. It is not evident, therefore, that the O-1B nonimmigrant classification is appropriate in the instant case.
Regulations define the "arts" as any field of creative activity or endeavor such as, but not limited to, fine arts, visual arts, culinary arts, and performing arts. Aliens engaged in the field of arts include not only the principal creators and performers but other essential persons such as, but not limited to, directors, set designers, lighting designers, sound designers, choreographers, choreologists, conductors, orchestrators, coaches, arrangers, musical supervisors, costume
Form I-797 (8/03/90) Y
FOR OFFICE USE ONLY
S
HOUSE_OVERSIGHT_012016
FOR OFFICE USE ONLY
S
HOUSE_OVERSIGHT_012016
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